Mukata properly convicted, dismiss appeal - State

MURDER convict Keith Mukata was properly connected to the killing of his security guard and the Court of Appeal should dismiss his appeal and uphold the judgment of the lower court, the state submitted yesterday. In this matter, Mukata is challenging his conviction and sentencing to death for the murder of Namakambwa Kalilakwenda, the security guard who had been on duty at AKM Legal Practitioners, the law firm belonging to Mukata. It was alleged that Mukata, the former Chilanga UPND Member of Parliament, shot Mr Kalilakwenda on May 7, 2017. Mukata asked the Court of Appeal to acquit him arguing that the trial judge Susan Wanjelani made findings of facts that were not supported by any evidence on record. However, Deputy Chief State Advocate, Monica Mwansa argued before three judges of the Court of Appeal headed by Justice Chalwe Mchenga that Mukata was properly connected to the murder. Ms Mwansa submitted that Mukata was not at any stage distanced from the scene of crime where Mr Kalilakwenda was found lying dead. She told the court that the evidence of two state witnesses that Kalilakwenda had three gunshot wounds was a proper confirmation of Mukata's evidence that he fired three shots. She argued that the concealment of the gun under the plates in the basket and the firing of two warning shots was an act of trying to hide his guilt. She said if Mukata was indeed under attack, people would have found the gun in his hands. She said Mukata as a reasonable person knew the consequences of shooting Mr Kalilakwenda and that brought in the aspect of malice afore thought. "We submit that he had intention to kill Mr Kalilakwenda because of the position of the bullet wound which was found on the neck. "With the unjustified act of shooting the deceased and on the totality of evidence on record, we pray that this court dismisses the appeal and uphold the conviction and sentence of the court below," Ms Mwamba said. When Judge Mchenga asked the State to respond to Mukata's claim that there were empty cartridges picked up in and outside the murder scene, Ms Mwamba said Mr Mukata's witnesses gave evidence as hear - say because they were not there when the empty cartridges were being picked up. She said the evidence was an afterthought because it was not immediately reported to the police. And when Justice Mchenga asked the State to respond to Mukata's claim that there were extenuating circumstance which the court below failed to consider, Ms Mwamba said there were no extenuating circumstances which could have forced Mukata to shoot Mr Kalilakwenda. The matter was adjourned to Friday for Mukatas’ lawyers to make final submissions.

With the unjustified act of shooting the deceased and on the totality of evidence on record, we pray that this court dismisses the appeal and uphold the conviction and sentence of the court below.” —Ms Mwamba.